Download Climate Change Law and Policy - IUCN Academy of Environmental

CLIMATE CHANGE LAW AND POLICY
NATIONAL UNIVERSITY OF SINGAPORE
FACULTY OF L AW
SEMESTER 2 (ACADEMIC YEAR 2014/5)
VISITING PROFESSOR JOLENE LIN
DESCRIPTION
Climate change raises significant social, environmental and legal challenges.
This course focuses on international law and policy on climate change, touching
upon selected Asian jurisdictions as domestic examples.
The first part of the course will examine the rules, institutions and
procedures established pursuant to the 1992 UN Framework Convention on Climate
Change (UNFCCC) and its 1997 Kyoto Protocol. It will also consider how the climate
regime has evolved post-Kyoto and the debate on its future.
The course then examines how countries like China and the United States
and city-states like Singapore have sought to reduce their greenhouse gas emissions
and adapt to the impacts of climate change. It will also consider the role that climate
litigation has had and continues to have in jurisdictions like the European Union,
Australia and the Philippines.
This course is avowedly inter-disciplinary, drawing on insights from
economics, international relations, public policy, and the physical sciences. These
perspectives are essential to understanding the law and policies governing climate
change.
LOGISTICS
This course comprises of three 3-hour seminars each week over a period of
three weeks (i.e. 9 seminars over 3 weeks). However, as Lunar New Year falls on 19
and 20 February 2015, classes will have to be rescheduled. Please refer to the
seminar schedule outlined below for detailed information on when we meet. Please
note that the seminars on Tuesdays and Thursdays take place in the evening (6.309.15PM), and the seminars on Wednesdays and Fridays take place in the afternoon
(2.30-5.30PM).
There is no prescribed textbook for this course. Articles, book chapters and
reports will be made available on the course website. Many resources will also be
available on the Internet. Students are expected to peruse the prescribed readings
ahead of each seminar. Given that the seminars take place almost daily, the quantity
of prescribed readings has been adjusted so as to avoid causing unnecessary pain
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and suffering. However, it remains essential that students read the materials before
seminars to avoid wasting their time in the classroom.
CONTACT INFORMATION
During the course, my office is in Room [X] and I will be holding office hours
on most Wednesdays from 1.00PM to 2.00PM. I can be reached at [email protected].
ASSESSMENT
Class Participation: 10%
Essay: 90%
Class participation will take into account factors such as preparation for
seminars and willingness to participate in discussions.
Research Essay Guidelines
The purpose of assessment by a research essay is to give you the opportunity to
undertake independent further enquiry into a topic of your interest within the area
of climate change law and policy. You may wish to discuss with me your potential
areas of interest so that I can point you towards the relevant literature. Discussing
your paper as you progress along your research also provides useful feedback in
refining your thesis. I will not review drafts of your research paper to avoid
allegations of preferential treatment but I am happy to discuss your essay outline
with you.
In any event, if you do not wish to discuss your research essay with me, please still
email me before you commence writing for my approval of your research topic.
Please give me a brief summary of your essay so that I can assess its merits.
Word Count
No more than 5000 words (including footnotes)
Submission
Details will be made available later in the course.
Deadline
Saturday, 21 March 2015 (11.00PM)
Given the generous amount of time that has been allocated to complete this
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assignment, late submissions will not be accepted.
Reference to Others’ Work:
Whenever you use or refer to the work of another author, you must include a proper
acknowledgement in your work by citing the author in a footnote. The footnote
should include the name of the author, title of the work, year of publication and the
page number.
Please follow the OSCOLA reference guide as far as possible:
https://www.law.ox.ac.uk/published/OSCOLA_Quick_Reference_Guide_001.pdf
http://www.law.ox.ac.uk/published/OSCOLA_4th_edn.pdf
When referring to an idea you read from another source, you must not plagiarise the
work. Plagiarism is a very serious offence for which you may be disciplined. For
details as to what constitutes plagiarism, please consult the following link:
http://law.nus.edu.sg/student_matters/llb_prog/plagiarism_notice.html.
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SEMINAR SCHEDULE
Seminar 1:
(3 Feb)
Seminar 2:
Scientific Background and Introduction to the United Nations
Framework Convention on Climate Change
The UNFCCC Regime
(4 Feb)
Seminar 3:
The Future Climate Change Legal Regime: What can we expect
from COP21 in Paris?
(5 Feb)
Seminar 4:
Adaptation
(6 Feb)
Seminar 5:
Leading by Action: the European Union
(10 Feb)
Seminar 6:
Climate Law and Policy in Selected Asian Jurisdictions: China
and Singapore
(11 Feb)
Seminar 7:
Climate Change Litigation (Part I)
(12 Feb)
Seminar 8:
Climate Change Litigation (Part II)
(13 Feb)
Seminar 9:
Regulating New Technologies for Climate Change
(Geoengineering and Carbon Capture and Storage)
(17 Feb)
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ASSIGNED READINGS
SEMINAR 1:
Objectives:
 Overview of the Class
 What are the causes and effects of global warming?
 How does the Intergovernmental Panel on Climate Change contribute to
international climate decision-making?
 What is the United Nations Framework Convention on Climate Change
(UNFCCC) and the Kyoto Protocol?
Readings:
 Intergovernmental Panel on Climate Change, “Climate Change 2013: The
Physical Science Basis”, Summary for Policymakers, online:
http://www.ipcc.ch/pdf/assessment-report/ar5/wg1/WG1AR5_SPM_FINAL.pdf
 Background on the UNFCCC:
http://unfccc.int/essential_background/items/6031.php
 Timeline of the UNFCCC:
http://www.theclimategroup.org/_assets/files/UNFCCC_timeline.pdf
 Rowena Maguire, “Foundations of International Climate Law: Objectives,
Principles and Methods” (Chapter 5 in Hollo, Kulovesi, Mehling (eds),
CLIMATE CHANGE AND THE LAW (e-book, access via NUS Libraries website)
SEMINAR 2:
Objectives:
 What legal obligations does the UNFCCC create for Parties?
 What are the key principles underlying the UNFCCC?
 Why was there a need for a Protocol to the UNFCCC?
 Discussion of the CDR principle (see “Assignment” details below)
Readings:
 The United Nations Framework Convention on Climate Change
http://unfccc.int/resource/docs/convkp/conveng.pdf
 Kyoto Protocol to the United Nations Framework Convention on Climate
Change: http://unfccc.int/resource/docs/convkp/kpeng.pdf
Assignment:
Visit “Diplo’s Climate Change Community” webpage:
http://climate.diplomacy.edu/page/cbdr-principle
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Click on the youtube video. It is a 2-3 minutes animation video introducing the CDR
principle. After watching this video clip and consulting any other external materials,
consider the following questions:


What is the normative value of the principle of common but differentiated
responsibility (CDR principle) and where do you find the principle
implemented in the UNFCCC and Kyoto Protocol?
In your view, does the CDR principle achieve equity and climate justice? Or is
it simply a divisive concept that reflects but does not bridge the gulf between
rich and poor countries?
Please come to this class ready to share your thoughts and to discuss your
colleagues’ views.
SEMINAR 3:
Objectives:
 What is the legal and political significance of the Copenhagen Accord and
how has it fundamentally affected the negotiations for a post-2012
international agreement?
 What are the key goals of the Durban Platform for Enhanced Action?
 What is the Warsaw “loss and damage” mechanism?
 What did COP20 in Lima achieve?
 Where is the international climate change regime headed and will it achieve
the goals of decarbonization and holding the increase in global average
temperature below 2 °C or 1.5 °C above pre-industrial levels?
Readings:
 Decision 1/CP. 13 “Bali Action Plan” (December 2007)
http://unfccc.int/resource/docs/2007/cop13/eng/06a01.pdf
 BBC News, “Copenhagen Deal: Key Points”
http://news.bbc.co.uk/2/hi/science/nature/8422307.stm
 Copenhagen Accord (December 2009)
http://unfccc.int/resource/docs/2009/cop15/eng/11a01.pdf
 Daniel Bodansky, “The International Climate Change Regime: The Road from
Copenhagen”, October 2010, Viewpoints, Harvard Project on International
Climate Agreements:
http://belfercenter.ksg.harvard.edu/files/Bodansky-VP-October-2010-3.pdf
 Overview and Assessment of the Cancun Agreements (December 2010) [take
a quick look at the website]
http://cancun.unfccc.int
 Decision 1/CP. 17: Establishment of an Ad Hoc Working Group on the Durban
Platform for Enhanced Action
http://unfccc.int/resource/docs/2011/cop17/eng/09a01.pdf
 Decision 2/CP.19: Warsaw international mechanism for loss and damage
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
associated with climate change impacts
http://unfccc.int/resource/docs/2013/cop19/eng/10a01.pdf
Decision -/CP.20: Lima call for climate action
(Peruse the decision; skim the annex “Elements for a draft negotiating text”)
https://unfccc.int/files/meetings/lima_dec_2014/application/pdf/auv_cop2
0_lima_call_for_climate_action.pdf
SEMINAR 4:
Objectives:
 What are the key challenges to adaptation for developed countries,
developing countries and island states?
 What are the international legal obligations concerning adaptation?
 How does adaptation relate to various areas of planning and environmental
law?
Readings:
 Heffernan, “Adapting to a warmer world: No going back”, Nature, 28
November 2012: http://www.nature.com/news/adapting-to-a-warmerworld-no-going-back-1.11906
 Verschuuren, “Legal Aspects of Climate Change Adaptation”, (Chapter 11 in
Hollo, Kulovesi, Mehling (eds), CLIMATE CHANGE AND THE LAW (e-book,
access via NUS Libraries website)
SEMINAR 5:
Objectives:
 Widely regarded as the global leader in tackling climate change, what are the
key aspects of the European Union’s climate law and policy?
 Examining the EU ETS, the largest international emissions trading system
Readings:



Ellerman & Joskow, “The European Union’s Emissions Trading System in
Perspective”
http://www.c2es.org/docUploads/EU-ETS-In-Perspective-Report.pdf
The 2020 Climate and Energy Package
http://ec.europa.eu/clima/policies/package/index_en.htm
Ghaleigh, “Two Stories About EU Climate Change Law and Policy”, (2013) 14
Theoretical Inquiries in Law 43
(Copy made available for download in this course website)
SEMINAR 6:
Objectives:
 What are the unique challenges that China faces in tackling climate change?
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


What is the potential for deploying legal instruments in China to reduce
greenhouse gas emissions and increase climate resilience?
What can China learn from the EU’s experience with emissions trading?
What are the key aspects of Singapore’s climate change policy?
Readings:






The White House, “U.S. - China Joint Announcement on Climate Change”, 12
November 2014: http://m.whitehouse.gov/the-pressoffice/2014/11/11/us-china-joint-announcement-climatechange?utm_source=The+Sinocism+China+Newsletter&utm_campaign=4273
425801The_Sinocism_China_Newsletter_11_12_1411_12_2014&utm_medium=email
&utm_term=0_171f237867-427342580129575113&mc_cid=4273425801&mc_eid=4cb733de60
NRDC Barbara Finamore’s Blog, “Another Major Climate Breakthrough: China
will cap its coal consumption by 2020”:
http://switchboard.nrdc.org/blogs/bfinamore/another_major_climate_break
thr.html
Song & Lei, “Emissions Trading in China: First Reports from the Field”:
http://www.chinafaqs.org/blog-posts/emissions-trading-china-firstreports-field
Lin, “Climate Governance in China: using the ‘iron hand’ in “Local Climate
Change Law: Environmental Regulation in Cities and other Localities”,
Benjamin J. Richardson (ed.), Edward Elgar, 2012 (Copy made available for
download in this course website)
Singapore’s National Climate Change Strategy 2012:
https://www.nccs.gov.sg/sites/nccs/files/NCCS-2012.pdf
Natasha Hamilton-Hart, “Singapore’s Climate Change Policy: The Limits of
Learning” (2006) 28(3) Contemporary Southeast Asia
(Copy made available for download in this course website)
SEMINARS 7 AND 8:
Objectives:
 Is judicial review a useful or appropriate avenue for addressing climate
change?
 To examine and analyze the US Supreme Court’s decision Massachusetts v
EPA, a decision that has had profound influence both within and outside the
US
 What private law remedies are available to a plaintiff that seeks
compensation for climate-related harm or injury?
Readings:
 Massachusetts v EPA
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http://www.supremecourt.gov/opinions/06pdf/05-1120.pdf
 Lin, “Litigating Climate Change in Asia” (2014) 4 Climate Law 140
(Copy made available for download in this course website)
 Lin, “Climate change litigation in Asia and the Pacific” in Calster,
Vandenberghe, Reins (eds), Research Handbook on Climate Change
Mitigation Law, Edward Elgar Publishing, 2015
(Copy made available for download in this course website)
 Grossman, “Warming Up to a Not-So-Radical Idea: Tort-Based Climate Change
Litigation” (2003) 28 Columbia Journal of Environmental Law 1
(Copy made available for download in this course website)
SEMINAR 9:
Objectives:
 What legal issues arise from the deployment of CCS and climate
geoengineering methods?
 What normative principles ought to inform emerging regulatory frameworks
for both CCS and geoengineering?
Readings:
 Havercroft and Macrory, “Legal Liability and Carbon Capture and Storage: A
Comparative Perspective”, Global CCS Institute, October 2014:
http://decarboni.se/sites/default/files/publications/179798/legal-liabilitycarbon-capture-storage-comparative-perspective.pdf
 Secretariat of the Convention on Biological Diversity, “Geoengineering in
relation to the Convention on Biological Diversity: Technical and Regulatory
Matters”, CBD Technical Series No. 66:
http://www.cbd.int/doc/publications/cbd-ts-66-en.pdf
 Parson & Ernst, “International Governance of Climate Engineering”, (2013) 14
Theoretical Inquiries in Law 307
(Copy made available for download in this course website)
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OPTIONAL FURTHER READING
This section provides links to “essential reading lists” and references to
monographs, journal articles, reports and other secondary literature on topics that
we covered in this course. It is not intended to be an exhaustive list. Students who
are keen to pursue their interest in this area of law and policy may find the
references in this section useful as a guide to further research.

IUCN Academy of Environmental Law
“Essential Readings in Environmental Law” (see the reading lists for various
climate-related topics)
http://www.iucnael.org/essentials-readings-in-environmental-law-topics

Munnings et al, “Assessing the Design of Three Pilot Programs for Carbon
Trading in China”
http://www.rff.org/RFF/Documents/RFF-DP-14-36.pdf

Carlane, Climate Change Law and Policy: EU and US approaches (Oxford
University Press, 2010)

Freestone & Streck (eds), Legal Aspects of Carbon Trading: Kyoto, Copenhagen
and beyond (Oxford University Press, 2009)

Stallworthy, “Legislating Against Climate Change: A UK Perspective on a
Sisyphean Challenge” (2009) 72(3) Modern Law Review 412-462

US Securities and Exchange Commission, Commission Guidance Regarding
Disclosure Related to Climate Change; Final Rule:
http://www.sec.gov/rules/interp/2010/33-9106fr.pdf

Climate Change Securities Disclosures Resource Center:
http://web.law.columbia.edu/climate-change/resources/climate-changesecurities-disclosures-resource-center
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